A Jew sells his chometz including an expensive non-kosher la'pesach whiskey collection located in a cellar. A fire burns down the cellar and destroys all the whiskey. The Jew makes a claim on his homeowner insurance and the insurance company sends a claim check for the loss on Pesach. Can the Jew accept the money or would that be a problem of issur hana'ah from chometz?
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3What right did he have to submit the claim?? Sounds like straight up theft. Forget benefitting from Chametz– Double AA ♦Apr 25, 2017 at 3:52
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Why is he not entitled to make a claim on items covered under his insurance policy? That is what he is paying his premiums for. Assume in this example there is no insurance fraud and it was a legitimate loss and claim.– הבלשןApr 25, 2017 at 3:57
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1He can't claim damages on stuff he doesn't own!! What's confusing here? If I sell you my car and it crashes, can I file an insurance claim???– Double AA ♦Apr 25, 2017 at 3:58
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1@הבלשן Huh? In what way is the sale not valid? Everyone agrees the gentile owns the Chametz.– Double AA ♦Apr 25, 2017 at 13:47
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2This is more a legal thing than a halachic one. Namely, your homeowner insurance generally covers anything in your house even if you don't own it, as long as it is explicitly specified in the contract. Since the wine cellar in question is listed as "expensive", I would assume it is explicitly covered in the policy, (including appraised dollar value and a list of conditions under which it is expected to be kept). As such, the money you get from the insurance company is because of the premium you pay every month. "Ownership" doesn't really come into it.– NicApr 25, 2017 at 18:42
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